[0:00] [Music] [0:53] **Mayor Jeff Weisensel:** welcome Rosemount I'd like to call the regular city council meeting for Tuesday May 7th 2024 to order please rise and join me in the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all any additions or corrections to the agenda [1:20] **City Administrator Logan Martin:** uh mayor just one correction tonight um at the request of the applicant item 6E as an Edward um will be uh moved to a public hearing um so that's an updated agenda Council received midday today and just wanted to uh publicly announce it here at this moment [1:39] **Mayor Jeff Weisensel:** okay so the consent agenda will be items a through M now with that one removed move the uh approval of the agenda without correction all in favor signify by saying I I I opposed we have an agenda first item up is uh presentations proclamations and acknowledgements the first one is to recognize the public service week Mr Martin [2:00] **City Administrator Logan Martin:** thank you mayor members of the council um yes as council is aware um this week here May 5th through the 11th is public service week in the United States and so we're asking the city council to acknowledge that here today um as you read in the council memo and then Council had a chance today to participate in a lunch in for City staff and we really appreciate their support and attendance at that um just a a gives us a chance each year to just kind of pause and and reflect on really the wonderful City staff that we have that that make this city tick on a day-to-day basis that do things that we don't always pay attention to not only of course police and fire that maybe we're a bit more aware of um but um uh you know we're out stre sweeping streets right now and R flush and hydrants and and things like that that maybe aren't um as glamorous that you always see that are really critical to what the city does and so we're proud of our public servants we're proud to be public servants and and appreciate the city council taking the time uh to uh acknowledge public servant week here in the in this week of May so if you would mayor uh please read the proclamation [3:06] **Mayor Jeff Weisensel:** okay I'll move the proclamation is there a second second all right the proclamation reads whereas Americans are served every single day by public servants at the federal state county and City levels these unsung heroes do the work that keeps our nation working whereas public employees take not only their jobs but Oaths whereas many public servants including military personnel police police officers firefighters healthc Care Professionals and others risk their lives each day in service to the people of the United States and around the world whereas day in and day out they provide the diverse Services demanded by the American people of their government with efficiency and integrity and whereas without their public servant at every level cont continuity would be impossible in a democracy that regularly changes its leaders and elected officials we uh not therefore I Jeffrey D WIS and sell mayor of Rosemont Minnesota do hereby Proclaim May 5th through 11th 2024 as public service recognition week in the city of Rosemount all citizens are encouraged to recognize the accomplishment and contributions of government employees at all levels federal state county and City dated this 7th day of May 2024 and with that rooll please [4:21] **City Clerk Erin Fasbender:** esler [4:22] **Councilmember Paul Essler:** I [4:23] **City Clerk Erin Fasbender:** Klimpel [4:24] **Councilmember Tami Klimpel:** I [4:25] **City Clerk Erin Fasbender:** Weisensel [4:26] **Mayor Jeff Weisensel:** I [4:27] **City Clerk Erin Fasbender:** Freske [4:28] **Councilmember Heidi Freske:** I [4:29] **City Clerk Erin Fasbender:** Theisen [4:30] **Councilmember Paul Theisen:** I [4:32] **Mayor Jeff Weisensel:** and that completes item 3A with a 5-0 vote we'll move on to item 3B the proclamation recognition for National cities towns and Villages Mr Martin [4:45] **City Administrator Logan Martin:** thank you mayor members of the council a similar vein here with this action but a bit of a different uh flavor um so the city is is deeply involved in the National League of cities mayor weisen cell is a board member on the board of directors for the NLC and so he'll certainly comment here in a moment but uh NLC is celebrating its 100th anniversary of being a really critical um founding partner in supporting and protecting this the the needs and the wants and the and the legislative desires of cities both locally at the at the state level and then from a big perspective nationally and so um they've asked that that one of the things that we can do as a member of NLC and to kind of support them on their 100th anniversary is to uh acknowledge the attached Proclamation that just really acknowled is you know kind of by by by proxy here the the role of the NLC but maybe a bit more directly talks about just the power again of cities and towns and and small villages and then what they do I in providing the lowest or the the most localized level of government on a day-to-day basis so um with that I'll let you comment on more mayor and then uh read the proclamation [5:39] **Mayor Jeff Weisensel:** okay uh the one comment I would make as I go through here and indicating uh the 100 years at that uh initial founding uh the league of Minnesota City was one of the uh I believe 12 originating organizations behind this so uh Minnesota and cities uh from here have been actively involved for over a 100 years I believe our city has been active in the league I want to say since the U early to mid 90s I don't have the exact date um working on trying to determine when that exactly is but with that I'll move the proclamation is there a second second have a uh and I'll read the mo the proclamation as follows whereas the national league of cities was founded in 1924 in Lawrence Kansas as the American Municipal Association by state Municipal leagues seeking more coordination and National representation As Cities towns and Villages expanded rapidly and whereas the nonpartisan National League of cities is the oldest and largest organization representing Municipal governments throughout the United States representing the interests of more than 19,000 cities towns and villages across the country and whereas the national league of cities Works in Partnerships with 49 State Municipal leagues across the country to strengthen local leadership Drive Innovation and influence the federal policies that impact local pro programs and operations and whereas the city voices the city voice of the voice of cities towns and villages in Washington DC the national league of cities has successfully championed Federal legislation solutions that support municipalities and worked closely with Congress and the executive branch to educate policy makers on the realities of local implementation and whereas local governments are the Bedrock of American democracy providing 336 million residents with the most accountable responsive inclusive ethical and transparent government in the world and whereas from the nation's smallest villages to its largest cities America's local governments have been ass essential in transforming the United States of America into the greatest most influential nation in world history and whereas Rosemount is proudly served today by a city council and a municipal Workforce of many dedicated public servants now and therefore I Jeffrey D weisen cell mayor of Rosemont Minnesota do hereby Proclaim thereby Proclaim may may 2024 as National cities towns and Villages month in Celebration of America's local governments and the national league of cities historic Centennial anniversary the 5th day of May 2024 with that role please [8:41] **City Clerk Erin Fasbender:** Klimpel [8:42] **Councilmember Tami Klimpel:** I [8:43] **City Clerk Erin Fasbender:** Weisensel [8:44] **Mayor Jeff Weisensel:** I [8:45] **City Clerk Erin Fasbender:** Theisen [8:46] **Councilmember Paul Theisen:** I [8:47] **City Clerk Erin Fasbender:** Freske [8:48] **Councilmember Heidi Freske:** I [8:49] **City Clerk Erin Fasbender:** Essler [8:50] **Councilmember Paul Essler:** I [8:52] **Mayor Jeff Weisensel:** Proclamation passes 5-0 we will move on to 3C the National Police Week recognition chief Thomas [9:06] **Police Chief Carson Thomas:** thank you mayor members of the council um small correction in my memo it's actually I had the dates wrong it's May 12th until the 18th because it's the calendar week that May 15th um Falls so in 1962 President Kennedy declared uh May 15th as National peace officer Memorial Day and um next week we're honoring it this week but next week is the actual uh the week that we're um honoring the law enforcement officers who've been killed in the line of duty so uh as we're well aware on February 18th it struck close to home here in Dakota County in the city of Burnsville um I want to again acknowledge Council for your guys' support um following that event and to our staff uh who especially those who are on scene that day and in our barcat that was um again shot 41 times by by the suspect that day and that barcat was used our officers were used to help uh recover the those officers that were killed in the line of duty so I can tell you that it's a uh uh it's going to be a more difficult week this year like as I said it it hits close to home uh there will be staff down at the St Paul peace officer Memorial on May 14th to 15th standing guard at our local Memorial um and I've been a part of that in the past it's a pretty special uh special tribute we get to stand at the officer Dawn Memorial and I know that next year we're planning to try to get uh all of burnsville's Staff down to the National Memorial uh for the dedication to officer elmran officer rugi and firefighter Fest so uh with that being said Thank you for taking the time to recognize um National Police Week uh for those that lost their lives in line of duty and if you'd read the proclamation [10:48] **Mayor Jeff Weisensel:** could you share where the uh that statue or Memorial is for the the down in St Paul [10:54] **Police Chief Carson Thomas:** in St Paul it's just in front of the I guess it would be just south of the capital so the as the the St Paul Capital at the very uh base of the the southern P part of the yard is the where it is [11:03] **Mayor Jeff Weisensel:** all right thank you yep so I'll move the uh Proclamation is there a second second have a motion in second uh and I'll read the proclamation whereas in 1962 President kenned Kennedy proclaimed May 15th as National peace officers day and the calendar week in which May 15th Falls as National Police Week established by a joint resolution of Congress in 1962 National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for safety and protection of others and whereas the members of the Rosemont Police Department play an essential role in safeguarding the rights and freedoms of citizens of the city of Rosemount and whereas it is important that all citizens know and understand the duties responsibilities hazards and sacrifices of their law enforcement agency and that members of our law enforcement agency recognize their duty to Serve the People by safeguarding life and property and by protecting all citizens against violence and disorder and whereas the men and women of the Rosemont Police Department unceasingly provide a vital public service now therefore I Jeffrey D weisel mayor of Rosemont Minnesota do hereby Proclaim May 12th through the 21st 2024 as National Police Week within the city of Rosemont and hereby publicly salute the services of law enforcement officers in our community and in communities Across the Nation throughout the city of Rosemont we urge and encourage all citizens to take time to appreciate our Public Safety officers and honor all peace officers who have made the ultimate sacrifice in the line of duty dated this 5th day of May 2024 with that role please [12:35] **City Clerk Erin Fasbender:** Weisensel [12:36] **Mayor Jeff Weisensel:** hi [12:37] **City Clerk Erin Fasbender:** Theisen [12:38] **Councilmember Paul Theisen:** hi [12:39] **City Clerk Erin Fasbender:** Freske [12:40] **Councilmember Heidi Freske:** hi [12:41] **City Clerk Erin Fasbender:** Essler [12:42] **Councilmember Paul Essler:** hi [12:43] **City Clerk Erin Fasbender:** Klimpel [12:44] **Councilmember Tami Klimpel:** I [12:46] **Mayor Jeff Weisensel:** and that completes item 3C 5-0 as well leading all presentations proclamations and acknowledgements this evening response to public comment I understand we do not have any to respond to and we'll move to public comment uh individuals may wish to address the Council on subjects not as part of the immediate meeting agenda um replies to these concerns will be expressed either through letter phone call within a week or following at a following council meeting so the podium is open please state your name and address and your concern or question Podium is now open anyone seeing no one at this time we will close the public comment portion of the meeting and that completes item number five we'll move on to the consent agendas items 6 a through M would anyone wish to pull any items for further consideration uh the mayor chooses to take 6D for further consideration any other ones [14:24] **Councilmember Tami Klimpel:** uh 6K 6K [14:26] **Mayor Jeff Weisensel:** are there any others no [14:27] **Councilmember Paul Theisen:** uh I'm going to pull 6j for the chief to have an opportunity to uh give some more information isn't it 6K that's the one I was yeah I'm sorry are we looking at 6j so everything would have shifted up should have shifted up 6j the former yep the former k Sorry former K one that's J now yep all right that's good that's the one I went pulled [15:00] **Mayor Jeff Weisensel:** all right we could ask him to talk about a well construction as well you want to talk about a well construction that'd be good we do have here the yeah all right uh any others all right so with 6D and 6 J removed someone like to move the consent agenda [15:10] **Councilmember Paul Essler:** so moved [15:11] **Mayor Jeff Weisensel:** is there a second [15:12] **Councilmember Tami Klimpel:** second [15:13] **Mayor Jeff Weisensel:** we have a motion by esler second by clle rooll please [15:15] **City Clerk Erin Fasbender:** Theisen [15:16] **Councilmember Paul Theisen:** hi [15:17] **City Clerk Erin Fasbender:** Freske [15:18] **Councilmember Heidi Freske:** hi [15:19] **City Clerk Erin Fasbender:** Essler [15:20] **Councilmember Paul Essler:** hi [15:21] **City Clerk Erin Fasbender:** Klimpel [15:22] **Councilmember Tami Klimpel:** I [15:23] **City Clerk Erin Fasbender:** Weisensel [15:24] **Mayor Jeff Weisensel:** I consent agenda is passed 5-0 we will pull 6D up for recognition uh let's see Miss Fasbender I guess you want to speak to that and I'll uh I'll deliver the names then [15:37] **City Clerk Erin Fasbender:** yes absolutely happy to do so um so we are looking tonight for the approval for our youth commission to be recognized and then also approved for the 2024 2025 term um city council had the opportunity to meet with them at a recent meet and greet um we have a total of 18 uh Rosemount residents who are interested a couple of them who are looking to be reappointed but however um I'll let the mayor speak to it as well but all very eager uh students we're excited to hear more about them and see what they're going to bring forward for the next term [16:11] **Mayor Jeff Weisensel:** all right I will list off the 18 uh young men and women that will be joining us on the youth commission some of these are current members uh signing up for another year and uh we have some new members that will be entering 9th 10th 11th and 12th grade so um some new members is there we'll start out with uh Kenna Amante Justin buer Kira Favre Genesis gir Anushka Jacob kyy kutson Cara Mason Molly pittson Rachel Romando Isabella Bourne Eden Carter Haley Geller Cindy Harvey Bethlehem cetti Sebastian marchez Brianna Meyer Max rande and Alex Lexus cell and so with that I'll move the recommended staff for city council to appoint these individuals listed below as the youth commission for 2024 2025 is there a second [17:09] **Councilmember Heidi Freske:** I'll second [17:11] **Mayor Jeff Weisensel:** motion by WIS and cell second by fresy role please [17:15] **City Clerk Erin Fasbender:** Freske [17:16] **Councilmember Heidi Freske:** I [17:17] **City Clerk Erin Fasbender:** Essler [17:18] **Councilmember Paul Essler:** I [17:19] **City Clerk Erin Fasbender:** Klimpel [17:20] **Councilmember Tami Klimpel:** I [17:21] **City Clerk Erin Fasbender:** Weisensel [17:22] **Mayor Jeff Weisensel:** I [17:23] **City Clerk Erin Fasbender:** Theisen [17:24] **Councilmember Paul Theisen:** I [17:26] **Mayor Jeff Weisensel:** that completes 6D 5-0 we will move to item six J the approval of the ICP Grant agreement [17:34] **Councilmember Paul Theisen:** yeah I just wanted to have an opportunity for chief to speak a little bit more about this Grant and then and then we can decide [17:40] **Police Chief Carson Thomas:** thank you mayor members of council so um no it's an exciting opportunity for us the office of Justice program specifically through the Department of Public Safety recognize the critical shortage of Peace Officers across the state across our country and they put out a competitive Grant process back in the end of December into January so we applied for three positions and thankfully received uh funding for two of those positions at up to $50,000 per candidate and so I I think before we talk about how that money can be spent I mean it just real quick it's salary its benefits it's education uh tuition expenses but um where the program brings in people that might not have traditionally been in a law enforcement path so it's any 2-year or four-year degree in any field is eligible to to come into this program and a lot of people would shy away from a career transition into law enforcement or to serve their Community because of let's call it a school obligation so a traditional law enforcement schooling would be at least two years now they've created a program through two institutions hennipen Tech and Alex Tech that it turns a two-year program into a five-month intensive program so it's it's drafted to allow people that are established potentially now their career is looking to make a change worried about paying a mortgage potentially they have a family to support and they um wouldn't traditionally be able to get out of that Financial um obligation or or time constraints so this program actually will uh pay for the tuition of of eligible candidates it'll pay them a salary it's different city by City to actually go to school and you are going to school full-time it requires our city to make them an employee of our agency so we worked with our HR department and created a career transition officer position U that is benefited it's within the police department but it's it's obviously not a sworn position you're not sworn until you go through the schooling uh graduate and take your your post exam so uh those are kind of the highlights we received the funding we have one candidate identified that's eligible and we're going to be putting out some marketing we we're working with our Communications team and HR as well to get some materials out in the near future um and depending on how budget talks go with um with the council and and my boss Mr Martin um we hopefully be putting out for that to fulfill that second um grant funding that we received and again it'll be going out to anyone with a 2-year or four-year degree any field just has to be from an accredited an accredited um Educational Institute you can find those online through the post board and any other questions or things you want me to talk about that [20:18] **Councilmember Paul Theisen:** no all right just wanted to yeah just call that out I'm I'm glad to see these dollars go into a new program and sounds like an Excel program and an opportunity for somebody maybe in the community to to even get in you know switch gears and get into law enforcement [20:34] **Police Chief Carson Thomas:** absolutely yeah it's it's it's huge for our for our uh for our agency specifically that we got the Grant and and Statewide it's going to definitely help with the shortage great thank you thank you thank you [20:45] **Mayor Jeff Weisensel:** and with that would you like to move the recommended action [20:46] **Councilmember Paul Theisen:** yeah I'd like to recommend the action as staff to uh recommending that the city council approve the resolution as attached [21:00] **Councilmember Paul Essler:** is there a second second [21:03] **Mayor Jeff Weisensel:** motion by Tyson second by esler rooll please [21:05] **City Clerk Erin Fasbender:** Klimpel [21:06] **Councilmember Tami Klimpel:** I [21:07] **City Clerk Erin Fasbender:** Weisensel [21:08] **Mayor Jeff Weisensel:** I [21:09] **City Clerk Erin Fasbender:** Theisen [21:10] **Councilmember Paul Theisen:** i [21:11] **City Clerk Erin Fasbender:** Freske [21:12] **Councilmember Heidi Freske:** i [21:13] **City Clerk Erin Fasbender:** Essler [21:14] **Councilmember Paul Essler:** i [21:16] **Mayor Jeff Weisensel:** that completes 6j 5-0 vote for approval that completes item six we'll move on to item 7 public hearings the first one up this evening is let's see Pop the 224 Street Improvement project assessment hearing Mr Erickson [21:30] **City Engineer Brian Erickson:** uh thank you Mr Mayor and members of the council I have a uh presentation and I will do my best to uh keep it brief and I'm going to skip a few things so project schedule at this point uh as you can see we're almost done with at least the uh the preconstruction portion of the project schedule um I did have a pre-construction meeting this morning so the contractor anticipate starting the first week of June um so we'll be getting notice out to the neighborhood within the next week or so um but this is the assessment hearing portion and uh just a couple highlights on that it is required by Minnesota statute 429 so we've done the Improvement hearing portion that was earlier prior to contract design and award and um so under that portion of the statute council is required to uh hear and consider and move on all objections uh to the proposed assessments um I want to make sure that I note that the uh property owners are allowed to challenge assessments they can object to that um must be either raised at or before the the assessment hearing this evening um must be in writing and it must be signed um at this point I have not received any objections from any Property Owners uh again there're still through the hearing they have that opportunity should anybody decide to do that um if if nothing uh if the property owner does decide they can bring that to district court if they want to continue to appeal that um and you'll notice there's a couple things there they do have to serve that notice on the the mayor city clerk within 30 days and then it has to be filed within 10 days but uh it's important to note that they must have objected at or before the assessment hearing otherwise that will be considered uh it won't be considered in District Court excuse me so um and then there may be options for assessment deferral so I've had a couple residents uh request information on deferring their assessments based on um their status as uh either part uh partially disabled or um senior citizens so um none of those have come back to me yet so I can't speak to where those are at uh I will again just the council is probably pretty familiar with this at this point um you know it's determined by our assessment policy we uh do that it's a 35% assessment rate based only on the surface improvements um any of the utility work is funded via either water the sanitary sewer or the storm sewer budgets um collector roads are calculated just a little bit differently so that adds to some of the uh Excel magic that has to be done behind the scenes and then we do the uh our calculations are based on a per unit or per part basis as opposed to front footage um then any remaining costs are paid for by the city so that 65% remaining for the surface Improvement is paid for by uh City funds I do want to mention just a couple of things so council at uh the Improvement hearing as the project was moving forward did recommend or did um direct that we widen Claret Avenue at least at Claret Park um and add that parking Lane that portion was bid as a uh as an alternate so we know what the cost for that is and the uh assessments do not include that additional cost uh it's a benefit to the park um so it's a benefit to the city as a whole so that was that was a decision there um the assessment numbers are based on the awarded contract cost um just as a as a side note the contract came in about 16% under the uh under the feasibility report number um but the assessments are about 20% below that so just um just want to make that note and then uh there's two types of uh properties within this um within the corridor so we had to do a little bit of uh work on that um I'll uh I'll get into that just in a moment um as opposed to trying to explain the words that are on the screen so um again I mentioned the the numbers here so the awarded contract at this point and this includes a construction contingency of 5% as well as uh the overhead so that's the engineering and observation portions of the project so um it's about just a little over $1.7 million for this project um and then again the fund sources as you can see um $960,000 of that is the street CIP so that's the other portion of the Surface cost that is paid for by the city the assessments are then just under uh a half a million and then uh the water sewer and storm utility funds pay for the their portion of uh the utility improvements that are being done on the project I mentioned the uh the two different types of property so there's we we did have to do some front foot calculations so um roughly a little over 2% of the front footage is attributable to the multifam area so we broke the costs out that way and uh and then took those two assessment numbers and divided by the number of uh properties within each of those two areas so that's where you see the uh the $3,099 per single family and $720 per the uh per the town home and again uh just to not that is 20% less than what it was at the feasability report time frame um and then the I do want to mention that the interest rate is uh is 2% over that prime rate so uh I'm talking with uh the finance director that is that 5.85% is what would be charged for any of the assessments that are uh certified to the county at the end of the year um again I mentioned the the two different types of properties so you can see the single families are in Gray and then the multif family units are in Blue on the in the top Center so that's how those assessments break out and we're all the way to the project contact so I think I did okay with keeping brief and I'll just ask if there are any questions of councel at this point [28:22] **Mayor Jeff Weisensel:** floor is open to council any questions comments nope nothing here all all right with that thank you very much and with that we will open up the floor for the public hearing anyone wishing to speak on uh the assessment information may do so come forward to the podium state your name and address and any question or concern this is also your last opportunity to submit a written um what's the right word for it objection objection a written objection to the assessment for that process we have to move to open the public I just did you did I'm sorry y I just moved it come forward [29:06] **Jan Schultz:** sure sure I live on um Choke Cherry Avenue and your name please Jan Schultz okay and my question is just on our portion of what we have to pay and is it we have until the end of this year to pay it in full what we you know our amount [29:20] **City Engineer Brian Erickson:** answer it easy enough yes Mr Mayor I will do that uh so the assessments are you have the option to pay the entire thing off this year and you can do that by the end of October statutorily we're required to give you 30 days but the way uh Rose Mount does that certification you have until the end of October to pay the entire amount [29:48] **Jan Schultz:** okay uh if you don't pay the entire amount it gets certified to the county and it will show up on your property taxes for 10 years [29:56] **City Engineer Brian Erickson:** okay so then it gets spread out that amount get spread out for the 10 years at the interest rate of the six and uh 5.85% [30:04] **Jan Schultz:** 585 that's correct okay save option and then and you can't pay like part of it and then the rest [30:08] **City Engineer Brian Erickson:** we don't we don't do partial payments on assessments either all of it or or or get certified [30:16] **Jan Schultz:** thank you [30:18] **Mayor Jeff Weisensel:** thank you anyone else wishing come forward that was an easy nice question going once twice if there's no one else I will move to close the public hearing [31:00] **Councilmember Paul Essler:** second [31:01] **Mayor Jeff Weisensel:** all in favor signify by saying I I I opposed the hearing is now closed final action we have um let's see item number two anyone like to move the resolution approving the assessment role [31:13] **Councilmember Paul Essler:** sorry can I just ask a quick question I I didn't catch this before so in the assessment role there's a number on um Claret Circle for 720 versus 3,99 where is that and why is that multi multi Bounty family where where's that on the map how how am I not seeing it on the map [31:29] **City Engineer Brian Erickson:** yes so the show the map again oh yep sorry the the clat circle is his monitor died turn your monitor on oh it the clat circle is his portion up here hopefully you can see my cursor that coming it's the uh yeah it's the the top Center the multif family yep got it got it thank you helps to have the yeah cuz it's not in it's not in the packet so that's why I wasn't I wasn't finding it there we go [32:04] **Mayor Jeff Weisensel:** good question all right would someone like to move the recommended uh or adopt the resolution [32:13] **Councilmember Paul Essler:** since asked a dumb question I'll I'll go ahead and do that um so I'll uh recommend adopt a resolution approving the assessment role for the 20124 street Improvement project city project 2024 -1 [32:32] **Councilmember Tami Klimpel:** I'll second [32:33] **Mayor Jeff Weisensel:** I have a motion by esler second by clle roll please [32:37] **City Clerk Erin Fasbender:** Weisensel [32:38] **Mayor Jeff Weisensel:** hi [32:39] **City Clerk Erin Fasbender:** Theisen [32:40] **Councilmember Paul Theisen:** hi [32:41] **City Clerk Erin Fasbender:** Freske [32:42] **Councilmember Heidi Freske:** hi [32:43] **City Clerk Erin Fasbender:** Essler [32:44] **Councilmember Paul Essler:** I [32:45] **City Clerk Erin Fasbender:** Klimpel [32:46] **Councilmember Tami Klimpel:** I [32:48] **Mayor Jeff Weisensel:** the uh resolution is approved 5-0 complete 7A we'll move on to 7B we'll look to miss Fasbender to present [32:59] **City Clerk Erin Fasbender:** all right thank you mayor members of the council as Logan had mentioned this previously was on your consent agenda and um recently we were notified by Baja properties that they would like to make a public comment regarding this matter so I will go ahead and just provide an overview of the item itself open up public hearing and then of course if you have questions as well be happy to address that uh in the meantime too so a little overview of the request itself so Baja properties was the previous uh owner of tops Tavern as you may know it uh they were approved to be the LI liquor license holder at The Establishment located at 14533 do Boulevard from January 1st 2024 to the end of this year at the November 21st 2023 regular council meeting along with all of our other liquor license renewals at that point in time per Ros Mount city code we do require that liquor licens maintain uh liability insurance or other approv proof of finan cial responsibility currently Baja properties does not have a current insurance policy at tops Tavern uh this would constitute a lapse of proof of financial responsibility and uh would be subject to the immediate suspension of the their liquor license to for Baja properties so with that as I had mentioned Baja properties was notified of the action that was before city council this evening we notified them 10 days prior to this action taken before you tonight uh Baja property legal team had actually notified the city on May 5th so after our packet was published uh requesting to make a public comment regarding uh this matter a little bit of a timeline um as I've we've went over this uh for a little bit of a period here so you can see in Fall 2023 uh staff was working with Baja properties just in regards to a lot of the questions that they had regarding selling of their business and looking to transfer their liquor license a lot of that was verbal conversations meeting with staff um just explaining the the process of overall of transferring liquor license uh and then in November 21st 2023 Baja properties had reached out to staff notifying that there was not going to be a sale of the business at that point in time and that they were looking to officially renew their license along with the other liquor license renewals for the the year of 2024 uh staff was then notified in January 8th of an early uh termination document that was signed by both Baja properties and the the building owner of mar um the term that was used within the license that was provided to the city was uh noted as a transfer of liquor license no specifics in terms of who specifically to be it to be transferred to uh on February 6th recently city council you approved the liquor license transfer from Baja properties to the current owners of the property which is armio's family LLC following that approval after you took action on that night City staff was was notified by Baja properties that following approval of this license that the license should only have been transferred to armios specifically um staff was not aware of that obviously the specifics of that as you can see and I'll show you that here shortly that what was provided to us was just a transfer liquor license no specifics as to who and then uh now current day uh armio's family LLC has now opened the establishment at tops at tops they are now serving food and non coholic beverages to date as you may be aware and they do have uh active insurance on the property as um as of February 28th 2024 we have a current copy of that liquor um on hand and then in addition we also want to note that they did we have documentation that armio's family has signed a 5-year lease for this establishment on DOD Boulevard here's something um as well just the summary of the signed documents typically at a staff level this is not something that we review these are agreements usually it's a a pretty standard transfer it's previous owners looking to transfer U to a new owner and we usually don't have to get into this level but basically I just wanted to point out that this agreement here is signed by both um Baja properties and the building owner and as you can note on the document which would be to your left um that there is just a noted there saying transfer of liquor license and nothing specific at that point and then on the second document on the right hand side it just says that they look to terminate their lease agreement ment as of February 15 2024 um so just additional information that it U is beneficial uh before you take action here tonight I do want to note that the armio's family LLC does have interest in the current liquor license so if the city were to transfer the license without Baja property's consent then the city would be open to liability claiming that baja property was revoked without due process and outside of the conditions and requirements for the license provided by city code um if they meet so if Baja properties meet all the license requirements they're entitled to all the protections of a normal license um the other thing that I do want to note as well is at a city level we do approve liquor license but after we approve our city council approves license the state also has to approve the liquor license as well and I do want to note that um State alcohol rules refers to a transfer of a liquor license so when a a liquor license business is sold or transferred the former lensee would surrender their license as they no longer have a business venue to house their license like there's no um establishment for them so as I noted uh we have the request to open up a public hearing here tonight we can address any questions that may come before us and then of course we have the recommended action as well and I do want to note that the recommended action for tonight is specifically the lapse of the financial responsibility is the reason for the suspension of the license as well as the reason the council is considering uh the revoking of the liquor license open up the floor any questions for Miss Fasbender everybody's thinking through this all right with that uh we will open up the floor for public hearing consider the floor open anyone wishing to speak on this may do so state your name and address and your question or concern [39:18] **James Carlson:** good evening mayor City Council James Carlson uh attorney for Baja properties here also happen to be a Rosemont resident that's not what I'm here for though uh there's been a lot of information I guess that's kind of been floated around with regards to the new uh Topps Tavern uh just so you're aware my clients purchased the the property or purchased the business back in 2019 they do currently have uh the liquor license and fairness they did pay for the liquor license and they paid for the liquor license from January 1st 2024 through December 31st 2024 um despite what has been provided here and I certainly am not Fasbender if I mispronounced your name I very I apologize um despite what has been provided by Miss Fasbender there is a Litany of legal documents that exist at this point that we're likely getting into litigation here when the property was essentially for lack of a better term um turned over to the owners again there was actually a contract a signed contract in which case the only person that was to end up getting the liquor license was in fact the owner there's also some non-compete information there's a whole Litany of little uh litigation stuff that uh has legal language that really is going to be Irrelevant for you guys the fact of the matter is that my clients paid for 12 months of a contract 12 months of a liquor license um and in the very worst case scenario um they're essentially stating that there are some financial responsibility that has not been met and that's why the license should not be or should be immediately terminated fact of the matter is that there is absolutely zero liability that my clients have they haven't had any liability whatsoever with regards to that liquor license since February 15th when they left that facility so there is zero liability that's uh essentially open to either the owner of the property marles uh and or the armio's family that is now running the restaurant or my client literally my client is not serving any alcoholic beverages so the financial responsibility portion of it is there is none if they were serving something there'd be a concern I understand that uh the city has somewhat of an interest with regards to the business that's being run there right now but again with all due respect that's not something that the city should be jumping in the city certainly shouldn't be jumping in and saying we're going to transfer the liquor license to somebody else because one party who is not a party to the contract at all this isn't Marcos that was essentially applying as I understand it and it wasn't Baja properties that was applying for it I believe Marcos came in and tried to insinuate that he was somehow going to be getting the liquor license transferred to him that's not my understanding at all the agreement which I have a signed copy of um calls for Mr Marcos and his wife to be the individuals that secure the liquor license again and that's only based upon the other terms and conditions their conditions precedent and so at this point they are not disjunctive they are conjunctive Baja properties essentially was to end up getting something and in return would turn around and sell and or transfer their liquor license the conditions preceding did not occur and as such they're not voluntarily essentially giving up their license or transferring that I think that if the council decides that they're going to somehow a for uh our armios to end up having the liquor license then there needs to be essentially a prata return of the $3,100 that my clients paid for the the license for the year 2024 that ends up equating out to $188 albeit my clients are not interested in and do not voluntarily surrender transfer and or give up the liquor license at this point they're asking that you not approve any transfer so that we can in fact get this matter resolved with the legal basis and we can have the transfer done effectively with all of the parties agreeing to what was supposed to have happened I will certainly end up answering any questions that you guys have um but I and I should also note my clients are uh a van bolini and then a Jackie Lannon hence the Baja BA and the ja that's where it comes from with regards to the Baja Properties LLC so any questions I certainly will answer them um but my clients are looking for you not to adopt the resolution and specifically State no it's theirs until December 24th or until there's an agreement between the parties and we come back and jointly request that that liquor license be transferred any questions I certainly will answer [45:10] **Mayor Jeff Weisensel:** I think it was brought to our attention that uh there was some conditions of the liquor license not uh I am I saying it the there was some insurance or something that had lapsed is that my understanding [45:21] **James Carlson:** yeah what what happens is it it it essentially states that they have to maintain liability insurance or proof of financial responsibility so again those are two separate things the reality of it is the proof of financial responsibility comes with the idea that they're not serving liquor they don't have they're not in the business so they're not at that location they don't have another location that they're s sitting out on the sidewalks and selling liquor to they paid for something through December 31st they're entitled to it if they did something financially irresponsible they turned around and they were essentially let's say selling and giving away liquor that would be a different situation I can tell you I personally have had um discussions with the attorney for Marcos to make very certain that there is not to be any liquor that is being either sold given away um and or dispensed at the facility that's now still called tops tabn uh and I've been assured that there has not been [46:05] **Mayor Jeff Weisensel:** that's the owner of the business and he does in fact have liability insurance on that building right I'd open it up questions I'm going to direct these questions to miss Fasbender here um with the with the existing liquor license in the name of Baja properties is that correct [46:17] **City Clerk Erin Fasbender:** correct [46:18] **Mayor Jeff Weisensel:** what what location do they have I mean in order to have a liquor license don't you have to have a location where you're going to be serving that liquor [46:26] **City Clerk Erin Fasbender:** yep so the liquor license that they that city council had approved was 14533 Boulevard which is currently occupied by the new owners if you want to say and right now they they have no right to use that property they don't have any lease agreement they don't have any there's no opportunity armio's family are you saying Baja properties correct y Baja properties so so even though they've got the liquor license they have no facility to actually use it in addition to that too through this the state who occupies or houses the the final of the liquor license it will show that it is expired on the state site because they do not have proof of insurance that's a big piece when you apply for liquor license that you have to have that Certificate of Insurance and that proof of insurance has to be for the property where the liquor is being distributed [47:06] **Mayor Jeff Weisensel:** correct okay but they have no claim to that location anymore because they're no longer in the lease so there's no I mean they they have a license but they have no they have no facility to to actually use it for they can't prove Insurance because they have no legal right to that use of property use of that property [47:25] **City Clerk Erin Fasbender:** correct [47:26] **Mayor Jeff Weisensel:** okay so that's for you um I guess my question for you is what what's what's Baja property's motivation to retain the license what what's what's the drive to retain the license [47:38] **James Carlson:** so Baja property still actually maintains a interest in that property as we sit today [47:45] **Mayor Jeff Weisensel:** and what's that interest [47:46] **James Carlson:** uh they still their rent dependent upon how you read their lease agreement in the worst case scenario they have it through May 31st 2024 so they do have a a interest in it the reality of it is they went to sell their business there was torous interference from Marcos the individual that owns the building actually my clients had just so you understand my clients had a signed contract that was going to be purchased the business was going to be purchased for my clients my clients have a signed contract Marcos essentially ex that [48:20] **Mayor Jeff Weisensel:** but but but the when you say the business was for sale the the name tops or that physical location [48:26] **James Carlson:** the the name and the location there was a location for the uh real estate to buy the building not to buy the building cuz Marcos owns the building right let me make it a little clear so what was the what was the what what business were they essentially were selling tops okay the name and the lease yes the the the lease that they had because my clients have a right to renew their lease so they had an interest [48:47] **Mayor Jeff Weisensel:** did they renew the lease [48:49] **James Carlson:** they did not because of Marcos Marcos essentially okay but there's inter so right now the existing lease agreement goes through when May 31st 2024 so you're you're Baja properties still has has the ability to lease the property by terms of the agreement through May 31st that is our argument yes absolutely and actually we say for the next 5 years so for right now what is um what what uh let's see the new the new armio's I think is how what but they're currently in that space how how how does one party have an agreement to lease the space but you have a different party that's actually occupying the space how how does that work do they not also have a lease agreement is there I don't know two parallel lease agreements [49:43] **James Carlson:** we have no idea what they did with Marcos what you need to understand is that my clients had the right to to secure the place through the end of May 2024 and then had the right to re up for another 5 years that's part of their lease agreement [49:58] **Mayor Jeff Weisensel:** okay but my my question is who has the legal right to lease that property as of right now in the month of May of 2024 [50:07] **James Carlson:** well I know that my clients have a right to whether or not the armio's have it or not I don't know because I'm not part of their have they procured it I mean have they I mean do they legally have the right to use the property you're asking me a question that I don't know I don't represent the owners of that facility I don't know what their contract [50:23] **Mayor Jeff Weisensel:** but do you believe as the representative for Baja property do you believe that your client has the right to use that property right now yes in the month of May yes so there's been no termination of a lease that's well that's right [50:31] **City Clerk Erin Fasbender:** if I may we have received a document part of our liquor license transfer was that the liquor license was an amendment was passed through the agreement that it was terminated February 15 2024 so the Le you've got something that says the lease agreement with Baja was terminated on February 15th and that was part of when the the slide [50:50] **Mayor Jeff Weisensel:** do you dispute that [50:52] **James Carlson:** I I dispute that there was a valid termination of the lease on February 15 20 they signed absolutely even though your client signed it yes I whole hearted the yes absolutely I'm not on what basis pull that out on what basis like I I don't understand I mean if if we have a document that says they signed it and said we're terminate the lease as of February 15th what basis do we have as a council to know there's some something wrong with that is there's a subsequent document that said oops we didn't mean to sign that I mean what what what's the defense for that the the the the the lease isn't terminated because I I tried to explain earlier saying that the owner of the business essentially has a contract with my clients from 2019 through 2024 my clients as part of their contract had an agreement to say okay we can end up assigning this lease we can end up selling our business so my client approached under the contract that's why I'm saying that's all stuff that it makes it difficult to end up going through everything with you guys but as part of the contract he can't just essentially deny my clients the right to assign [51:49] **Mayor Jeff Weisensel:** but didn't they I'm just where I'm I'm I'm perplexed here because didn't they sign it away when they signed the termination of the lease after being tortiously interfered with yes and what again if if you let me finish what I started there was a signed agreement that my clients have an offer to purchase from the people that are in the location right now okay so after essentially my client has that signed agreement provides that to the owner Marcos Marcos then turned around and I made that say nope I'm not going to allow for this turn around and happen my clients then were approached by Marcos to say if you want to leave early I'm going to allow you to leave early you have to sign this termination uh agreement and oh by the way I didn't tell you I've already seced secured a lease agreement with the armio's now which is in direct contradiction to the contract that you have so hence the term torous interference Marcos has tortiously interfered with their ability to run tops Tavern pursuant to their contract [54:19] **Mayor Jeff Weisensel:** when's the effective date of the new lease with the new occupants of the facility [54:26] **James Carlson:** I have um I don't have the exact date but I have been notified that it is active as now and it is a 5year lease that they have signed [54:32] **Mayor Jeff Weisensel:** when was it dated do you know when it was effective was it post February 15th [54:33] **City Clerk Erin Fasbender:** yep yep they took over the building March 1st if you may recall we had discussed this at Port Authority that they had a uh soft opening open house and so forth so they had a soft opening starting March 1st so I can only suspect that the lease agreement was officially February 28th [54:53] **Mayor Jeff Weisensel:** okay so just I know there's a lot lot of open questions here still but just to make sure I'm clear so far so what you have in your possession and nothing has been countered to this is February 15th there's a signed agreement that says the original occupants uh Baja properties has now they've terminated their lease they've signed something they've agreed to terminate their lease [55:18] **City Clerk Erin Fasbender:** correct [55:19] **Mayor Jeff Weisensel:** subsequently the owner of the building entered into a new lease which is effective March one and and now they're occupying it um Baja properties are they just are they doing anything to to um make it make it make a dispute that they shouldn't even be occupying that facility [55:34] **James Carlson:** yes as of today like I was saying even today I was in contact there his attorney's name Marcos attorney name is Steven Carlson I've been in communication with him on at a minimum a daily basis for the last week but several months that we've been going back and forth so yes they are in fact taking steps to actually say no no you are not essentially properly um in the business location and and what what what they need to figure this out yeah I mean what what what's what's in your possession that you can share with us that puts them in a position where they haven't legitimately released the lease as of February 15th that's that's the part I'm missing I don't there's no way to prove a negative sir not the the reality of it is what we do know is that my clients paid for they paid for the liquor license from January 1st 2024 through December 31st 2024 [56:32] **Mayor Jeff Weisensel:** yep I I get that and I I would suggest we set that aside that's a different issue but the issue we're trying to solve for is do they have legal right to that property after February 15th and what I we if we don't have anything to counter that they're out as of February 15th based on the fact that they've signed a document that says we're out is of February 15th [56:55] **James Carlson:** there there is show that that document was properly executed there's nothing to show that you have dispute that they signed it I didn't dispute that they signed it I dispute that it is a proper document you asked me whether or not my clients had a basis a legal basis to be in that uh I would say resident but in that location and my argument is yes absolutely I absolutely there was an agreement whereby the liquor license was to be transferred to Marcos and Marcos only and so that's the part where you guys you're essentially taking the the word of somebody who sends you one page of a signed doc apparently I don't know I haven't seen everything else I cannot testify or I can't even ask you or answer any questions about armio's because I haven't seen their contract yet we literally are just starting litigation so now we have to do the discovery process where we will get a copy of the lease agreement by the sounds of it the city's already been provided with a copy we haven't that's why I'm saying I'm not trying to be difficult I can't tell you whether or not our armio's has a a 5year lease [58:12] **Councilmember Paul Essler:** so in the meantime in the meantime we sitting here with a and I'm still struggling to understand what the motivation is for you not wanting to have this I mean my understanding is your clients have moved out of to out of the out of state [58:27] **James Carlson:** no that's not correct that wasn't even mentioned here you're the individual that just said they moved out of state they have so they're living here locally yes what what what was the reason they signed the agreement to be out as of February 15th why did they sign they being forced out by somebody who was tortiously interfering with them and and their ability to operate the business they had a death in the family and they had a significant injury or a significant health issue with another individual we are so off base as to what we should be discussing right now it concerns me that you actually advised and said that they moved out of the state that didn't happen that flat out didn't happen that wasn't brought up at this hearing here that wasn't in any the doc to me I don't understand a matter continue to cut me off I haven't done that to you my claim is my clients purchase a liquor license they flat out have paid for that liquor license you're being asked to essentially vacate that and and the reason we're the reason staff is is recommending it is because number one there's no physical property based on the documentation we have and we haven't seen any document to counter it there's no physical location where that liquor license can be used so that's telling us that well then we should revoke it [59:36] **James Carlson:** there there is no law that says that it has to be used at that location I give you a prime example on leprechaun days kelz goes down and ends up serving when they're in the and we approve that you're absolutely correct but you're not approving it at their liquor location that's on their license we approve it if if they're going to be downtown for leprechaun days we approve that that location we we go through that process that there are exceptions to what's happening which is exactly what I'm trying to explain to you my clients owned a business turned around and essentially have the right to sell that business they were tortiously interfering with and the use of that by you by the this Council saying hey we're going to revoke their liquor license and now we're going to give it to somebody else essentially that is perpetuating the idea of what Marcos has done with regards to tortiously interfering with my client's ability to run the business and to sell it [1:00:19] **City Administrator Logan Martin:** mayor mayor if I could jump in just real quickly um I I think this has been you know we're we're we're many fields away from the city's purview here tonight um the reality mayor and council is we have a recommendation from our City attorney that there is a failure to retain liability insurance period so the the conversations it sounds like you have a very meaty case on your hands and you're going to go ahead and handle that and that's between you and these three parties we are deeply disconnected from your three-way uh entanglement with these folks and and and that's that's the situation for us tonight as we have a City attorney recommending that the the the the lack of liability insurance being retained is the city's signal to revoke the liquor license I I can say as a staff leader of the we'll be happy to give you the refund we can process that tomorrow take care of that you folks can work through your legal situation but what staff is recommending what our City attorney is recommending is they fail to retain liability insurance for whatever reason it's not what we're talking about tonight a secondary piece they don't have a physical property to operate out of I think that's important but not not a deal breaker right um so we're recommending as a city staff I think we should leave this conversation here if Council wants to punt give these folks a chance to talk to staff and keep we can do that or staff is recommending via our City attorney that you can goad and take the action tonight to revoke the liquor license because of the financial the lack of financial liability retained in connection to this license [1:01:46] **Councilmember Heidi Freske:** so my question is is there any evidence I guess that says that what we're claiming is true or not that there's a lapse of insurance [1:01:54] **City Administrator Logan Martin:** correct Insurance lapse that would be correct [1:01:58] **Councilmember Heidi Freske:** so speak so did an insurance laps occur or not [1:02:02] **James Carlson:** they don't need to have the liability insurance they need to have Financial my my clerk says we do and and that's fine [1:02:11] **Councilmember Tami Klimpel:** my question for Aaron is there precedent of in in town of a business hold or someone holding on to a liquor license without a business in which to operate it is there any precedent of that that we're aware of [1:02:22] **City Clerk Erin Fasbender:** shenanigans yeah shenanigans that was yeah that was several years ago where that had occurred and then we had made a liquor license Amendment for that to not occur okay and we took a specific action on that to allow them to do that [1:02:40] **Councilmember Tami Klimpel:** all right and then regarding this then though with um a lapse of the insurance I mean would the state also then be stepping forward and the state would revoke it anyway [1:02:50] **City Clerk Erin Fasbender:** the state already has so the state already has the state already has so there's no buyer card or anything so Baja properties would not be have the ability to purchase any sort of liquor [1:03:00] **James Carlson:** okay so I just just want to end up pointing out the the document that you provided uh very clearly the top left hand side it says Dear van to summarize previous corresponden this is simply a one-page summary of the extremely lengthy legal documents that we've got that we will end up challenging I've essentially made my pitch uh certainly you guys are going to end up doing what you want to do I will stand by and we'll go from there [1:03:36] **Councilmember Heidi Freske:** so I do have a question though okay so if we if we were to move ahead and approve revocation of the list license and if something would happen down the road with the the three parties trying to resolve their issues if we get to a point where they come back and say no we actually did have legal in we were legally entitled to that property we're legal legally entitled to uh have this liquor license what what would happen then what would be the process [1:04:06] **City Clerk Erin Fasbender:** similar to what we're doing right now so if um armio's does look to come forward and have interest in the property if they apply for a liquor license their liquor license would only be say if they applied this year it would only be good through December 31st 2024 okay so every at the end of each year city council has the ability to approve the liquor license for the following year for one year CH but what would we do with that liquor license if these three parties go through their legal legal resolution and they come back and say actually Baja properties was entitled to to the property they are entitled to use that liquor license would we then have to revoke the new liquor license unfortunately would probably be a very similar processes to what we're doing here right [1:04:37] **Mayor Jeff Weisensel:** okay so there is a remedy so I mean to your for for the benefit of your client if you guys work if we revoke it tonight and then you go through the remedy because right now my understanding is you're not trying to use the liquor license right now actively use it but if the path comes down and it's settled out where you guys are entitled to use that liquor license we'll have to address it at that time but I think what we're hearing right now is as of today the facts we know we're in a position our attorney City attorney is recommending that we should revoke the license for the reasons that that that they've laid out for us [1:05:13] **James Carlson:** I can't give you legal advice all I can do is tell you I'm here on behalf of my clients and Jackie yep okay that's fair [1:05:27] **Mayor Jeff Weisensel:** all right all right thank you thank you is there anyone else the floor is still open for the public hearing anyone else wishing to speak on this matter may do so anyone else anyone else seeing no one moving to the podium I'll move to close the public hearing your second [1:05:40] **Councilmember Paul Essler:** second [1:05:43] **Mayor Jeff Weisensel:** all in favor signify by saying I I I opposed public hearing is closed discussion for Council recommended action is there where are we talking thoughts anyone I mean [1:06:01] **Councilmember Tami Klimpel:** did we give them two weeks to figure this out yeah I don't really feel comfortable acting on it I don't feel comfortable acting on it and I think one of the things that he said that we don't have the details on is the reason why they didn't transfer the license is because the the the building owner didn't meet the preceding conditions which we don't have all that detail and we don't need all that detail but I think this is kind of messy and I I'd rather them go figure it out and then we can reconvene that's just my opinion [1:06:29] **Mayor Jeff Weisensel:** well I'm I'm prepared I'm I'm a I'm prepared to to make a recommendation to approve the attached resolution revoking non-sale liquor license for Baja properties is there a second is there a second all right I'll give it a second so that we can further discuss it so the motion's on the table further discussion comments [1:07:23] **Councilmember Paul Essler:** my comment is I'm not sure what the downside is yeah if if we know if we know that there's a remedy for Baja properties in the future if they settle up and they are proven to that the point that their attorney has made then that there's a remedy to fix it so this isn't a botched heart surgery that can't be fixed um there's there's a remedy to to to change this [1:08:04] **Councilmember Tami Klimpel:** yeah my take on it is it's rather than relying on another messy remedy in the future let's try to get the messy messy remedy done now I mean we're talking torous interference and litigation and it feels like just looking at what we have in front of us is maybe even the city wasn't provided a full picture or that's what the implication kind of was and so I don't feel able doing a vote when I'm thinking here that maybe we don't actually have the full picture and I trust our City attorney and and the guidance of that we received there I just don't necessarily you know feel confident that we had the full picture that she could even give guidance on or that's kind of how I'm feeling based on this so um I think it gets Messier actually if we revoke it tonight I feel like going a little status quo and punting and giving a little time for maybe some arbitration or mediation to work itself out um and if that if that's an option that can kind of happen and hopefully sooner than later I'd rather do that than throw this additional wrench in things [1:08:52] **Mayor Jeff Weisensel:** I don't believe this is going to be resolved in two weeks I mean based on what I heard tonight this is not a two- week resolution this is going to be months um and we're going to be but we're not just kicking the can down for two weeks here guys we're this is going to be we're in for the Long Haul and you've got a business owner sitting in the property that has what they believe is legal entitlement to that property and they can't serve alcohol [1:09:25] **Councilmember Heidi Freske:** but we don't know their side of the story either I I agree with Tammy I think we need to we just need to let them figure it out maybe we give them 30 days I what what have you and they can come back and we can go from there and then I would not have a problem following our attorney's advice but there's just too much here and I don't think we have the full story [1:09:52] **Councilmember Paul Theisen:** well and I would even go a little further to say that I think we should talk to the City attorney after hearing what we heard tonight as well and just maybe just I think you said the word punt punt it maybe punt it to a different meeting or something but I'm not comfortable voting on it tonight as well [1:10:07] **Councilmember Tami Klimpel:** I am curious um with the state taking their action feels like all the uh eyes and Dot you know eyes being dotted and te's being crossed and they're they've actually gone ahead and taken an action ahead of us so I am curious as to is that how that normally works or [1:10:19] **City Clerk Erin Fasbender:** um it's usually a timely thing um it it can vary so especially with certificates of of insurance if they don't have an active Certificate of Insurance it's an immediate your license is pulled right then and there and you're notified uh that you don't no longer have a buyer's card which is necessary in order to purchase [1:10:48] **Mayor Jeff Weisensel:** why there hasn't been any certificate provided to us this evening you know we've had the public hearing that information hasn't been provided to us so I'm I'm kind of at a loss why we would necessarily want to move forward our action is is about you know the revocation of that license due to the you know that not being in place that's the action correct and again there's a remedy the remedy is if they're entitled to it they get it and they get it back so what's the harm all right we're all talked out there's a motion on the floor to move the recommended action will take rooll [1:11:24] **City Clerk Erin Fasbender:** Theisen [1:11:25] **Councilmember Paul Theisen:** Nay [1:11:26] **City Clerk Erin Fasbender:** Freske [1:11:27] **Councilmember Heidi Freske:** n [1:11:28] **City Clerk Erin Fasbender:** Essler [1:11:29] **Councilmember Paul Essler:** i [1:11:30] **City Clerk Erin Fasbender:** Klimpel [1:11:31] **Councilmember Tami Klimpel:** nay [1:11:32] **City Clerk Erin Fasbender:** Weisensel [1:11:33] **Mayor Jeff Weisensel:** I motion fails 2-3 with that then I will uh make a motion to defer back to staff or refer back to staff for uh follow followup and to present more additional information for us to make an action uh so motion by WIS and cell is there a second [1:12:01] **Councilmember Tami Klimpel:** second [1:12:03] **Mayor Jeff Weisensel:** second by clle roll please [1:12:07] **City Clerk Erin Fasbender:** Freske [1:12:08] **Councilmember Heidi Freske:** I [1:12:09] **City Clerk Erin Fasbender:** Essler [1:12:10] **Councilmember Paul Essler:** I [1:12:11] **City Clerk Erin Fasbender:** Klimpel [1:12:12] **Councilmember Tami Klimpel:** I [1:12:13] **City Clerk Erin Fasbender:** Weisensel [1:12:14] **Mayor Jeff Weisensel:** hi [1:12:15] **City Clerk Erin Fasbender:** Theisen [1:12:16] **Councilmember Paul Theisen:** I [1:12:17] **Mayor Jeff Weisensel:** and that motion carries 5-0 that completes our public hearings for this evening uh item 7B we'll move past item 8 unfinished business and move on to 9 new business item a Dunmore Park General Improvement bids Mr Schultz [1:12:30] **Staff Member Dan Schultz:** all right Mr Mayor uh council members this evening before you is a request uh to accept bids and award a contract for the general Park improvements at the Dunmore Park which is uh located just north of the Rosemount community center on the west side of Highway 3 uh the park is a f 0. 59 acres of land that has been dedicated to the city um it's it's a very small neighborhood park and we'll talk about that in a little bit when we talk about Playgrounds but um the uh anticipated uh amenities that we are planning out there include a playground Landscaping hammock post and sidewalks um there'll also be a future Regional Greenway that runs through that area that is not part of this Improvement project nor is the uh future Sun shelter or playground that is also shown in the uh in the packet and so we did put this out to public bid uh we did receive I think we had uh 1 two three four five 11 10 10 uh bids one that we did not uh include because they did not include all their bidding documents which was just a masonary company so um the low bid was Veta uh Contracting their bid was for $125,000 the uh Engineers estimate for the project was $156,000 so staff is recommending that the Council uh accept the bids uh and award the project the lowest better Veta Contracting for $125,000 if this um goes through tonight and is approved we will uh set up a meeting next week with the contractor and get them started um and move forward on it and I'll stand for questions if there are any [1:14:22] **Mayor Jeff Weisensel:** open to council for questions [1:14:26] **Councilmember Paul Theisen:** yeah I'll make a motion to recommend the city council accept the bids for dunore Park and award the project to the lowest bidder Vada Contracting for a bid price of 125,000 [1:14:48] **Councilmember Heidi Freske:** I'll second [1:14:50] **Mayor Jeff Weisensel:** and a motion by Tyson second by fry roll please [1:14:55] **City Clerk Erin Fasbender:** Freske [1:14:56] **Councilmember Heidi Freske:** I [1:14:57] **City Clerk Erin Fasbender:** Essler [1:14:58] **Councilmember Paul Essler:** I [1:14:59] **City Clerk Erin Fasbender:** Klimpel [1:15:00] **Councilmember Tami Klimpel:** I [1:15:01] **City Clerk Erin Fasbender:** Weisensel [1:15:02] **Mayor Jeff Weisensel:** I [1:15:03] **City Clerk Erin Fasbender:** Theisen [1:15:04] **Councilmember Paul Theisen:** I [1:15:06] **Mayor Jeff Weisensel:** and 9 completed 5-0 and approved move to the second item 9B the playground proposals for camfield telmore and Dunmore [1:15:17] **Staff Member Dan Schultz:** all right Mr Mayor and council members thank you um tonight before you are a number of playground proposals for three uh parks in Rosemount uh the first one is camfield Park which is over by the Well church off Canada Avenue uh the other is talamore uh Park which is another new park and then the other uh proposal is for Dunmore Park which again is is another new park we're building right now um so our long term Capital Improvement plan uh includes funding for the camfield Park equipment and then the city's Capital Improvement budget plan includes funding for the new playgrounds um at talamore and Dunmore um the existing equipment out at camfield was installed back in 1999 is proposed to be removed uh should we go forward with buying new playground equipment uh we did put out rfps to playground manufacturers uh the budgets for each of the playground just listed below uh please take note that the Dunmore uh playground is quite a bit less just because that space is that much smaller uh it's a small neighborhood park and that's the reason for that uh we did hold in-person neighborhood meetings uh for each of the different uh park locations we also had an online opportunity for residents to go online and vote and make comments about the playground proposals through our Park and Recreation uh website and then we also brought these proposals forward to the park and wreck Commission on April 22nd and the youth Commission on April 24th um I will tell you that we had an overwhelming amount of input from the camfield Park uh website and also the neighborhood meeting um that's because we had interaction with um Crystal uh cuddlebugs daycare which is just adjacent to the park in the shopping mall near camfield Park and then Al the well has a preschool program um so I know the teachers from the preschool program came to the open house as did two representatives from Crystal's cuddlebug so I know once um once they got the information about our website they were sending it out to all of their all of their uh little ones that come to their to their daycares or their preschools and we had over a hundred people respond online about the the camfield playground and so um so it's good to have a lot of input I think we end up with better products and and with that being said um in the packet the recommendation uh for the playground equipment is for camfield uh we are looking at buying the equipment which would be um design number one from uh Northland Recreation uh we wouldn't uh use the Tans and Browns and greens that are shown in the in the uh layout we would actually use more bright vibrant colors kind of like what they show uh for the talamore parks those a little bit more you know Lively um so that's the first recommendation is the the Northland Recreation for camfield the second recre uh recommendation is for talamore Park and that was option number two uh for uh from Burke uh Recreation again just some really vibrant colors fun uh play equipment and uh that was kind of an overwhelming message we got from everybody involved and then the final one for Dunmore uh is option number let me just pull it up here option number it's actually opt uh option number two yes option number two is what the residents in that neighborhood liked they definitely wanted swings um um and then they also liked the the Sun Shade that's over the equipment and so those are the three recommendations that um as a whole we're bringing forward tonight um should we go ahead and purchase this equipment uh the camfield equipment will definitely be installed as late in the fall as we can get it just so we don't have to interfere with um the the daycare and the neighbors and the the preschool getting there and using that plate or not having the playground equipment and then the other two will be installed as soon as the playground area are ready with the new construction that we're currently working on in tmore and Dunmore so with that I can definitely answer questions if there are any [1:19:40] **Councilmember Paul Essler:** sorry which which Dunmore one option one or option two [1:19:43] **Staff Member Dan Schultz:** the recommendation in the packet for Dunmore is Weber Recreation option two which is the one that's blue and green and yeah 2A sorry cu the the the option one seemed a little it's like I've never seen some of that stuff before so option two yeah okay thanks [1:20:18] **Councilmember Tami Klimpel:** I have a couple questions Dan yes telmar park that's going to be the first real park with playground equipment over in Amber Fields am I looking at this right [1:20:30] **Staff Member Dan Schultz:** nope uh where it's tore tmore Park is uh in the development if you uh where we were today at uh lifetime rather than turning into lifetime taking that right off of uh conera you go all the way to where kamea ends and it's just to the north okay so it's kind of it's kind of uh slid in between some single family homes and a large grouping of town homes and so it it is uh um it is the uh uh north and east of uh lifetime [1:20:56] **Councilmember Tami Klimpel:** okay so I do have a question for you um we invest a lot lot of money in our parks and we're really proud of that how do you guys as a department um count or quantify visitors to our Parks like how do you know how much usage we're getting out of them [1:21:12] **Staff Member Dan Schultz:** it's challenging um a lot of it is just done by you know when we're out and about and driving by like tonight when we all a lot of us drove back on conera and you saw at um sillsbury sillsbury Park thank you um there was a baseball group using it there was people on the basketball court there was people on um the uh you know the the open space and then at the playground um but I have been meeting with uh a company that actually it doesn't work as much for young kids it's more about families and special events but they ping cell phones um and they can tell you more like how many people visited JC Park on a Thursday night or how many people came to leprechaun days or how many people came to the food truck Fest and we do have some numbers from them and they do work with commercial businesses to to to match the pings and they have a you know a mathematical equation that they use to extrapolate out getting to the number and those numbers come in very close to what the store counters the little when you walk in they count every person who comes in the store the two numbers are very close and so that's something we we've been talking with them about we haven't done anything yet cuz it's a little bit expensive um but there's not a real good way unless you send someone out there every day and do kind of a headcount but um I just know like in the neighborhood I live in by Birch Park it's I can just go down my patio and I can just hear yeah the the noise coming from the playground and that usually tells us it's it's quite busy so [1:22:45] **Mayor Jeff Weisensel:** laughter noise and laughter get off my lawn all right any other questions all right anyone like to move the recommended action [1:22:53] **Councilmember Heidi Freske:** sure make a motion to purchase of playground equipment for camfield Park from Northland Recreation Little Tikes talamore Park option two from St Croix Recreation Burke and for Dunmore Park option two Weber Recreation Miracle [1:23:15] **Councilmember Paul Theisen:** second [1:23:16] **Mayor Jeff Weisensel:** second we'll give U motion to fresy second to Tyson roll please [1:23:23] **City Clerk Erin Fasbender:** Essler [1:23:24] **Councilmember Paul Essler:** I [1:23:25] **City Clerk Erin Fasbender:** Klimpel [1:23:26] **Councilmember Tami Klimpel:** I [1:23:27] **City Clerk Erin Fasbender:** Weisensel [1:23:28] **Mayor Jeff Weisensel:** I [1:23:29] **City Clerk Erin Fasbender:** Theisen [1:23:30] **Councilmember Paul Theisen:** I [1:23:31] **City Clerk Erin Fasbender:** Freske [1:23:32] **Councilmember Heidi Freske:** I [1:23:34] **Mayor Jeff Weisensel:** uh that completes item 9B with the comment it's nice to see uh we were able to spread out the uh the companies that are providing that and get a little diversity in uh what's being provided so it's nice seeing that too all right that completes item nine new business we'll move on to 10 announcements Mr Martin City staff updates [1:23:51] **City Administrator Logan Martin:** thanks mayor members of council um with our proclamations and stuff tonight I don't think I have anything additional for you so I will give it uh give it right back to you what's that s well that's number one here on my list [1:24:06] **Mayor Jeff Weisensel:** oh go ahead sorry as uh being pushed dramatically by the rest of the council the first item up May 9th through the May 11th is our citywide garage sale uh details can be find where those are on our website that's correct the spring cleanup event coming up on May 18th 8 to 12:00 and again that will be at DCTC that's correct Park and wreck commission meeting is an updated date for May 20th from 7: to 8:00 p.m. here at uh City Hall yep the Port Authority May 21st 2024 we 600 to 7 here in the chambers and the next city council meeting May 21st 7 to 8:00 is there any other business to come before Council seeing none I move to adjourn uh is there a second [1:24:51] **Councilmember Heidi Freske:** second [1:24:53] **Mayor Jeff Weisensel:** all in favor signify by saying I I opposed we are ad Jour thank you [Music]